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WILLIAMS v. GILES, 2:10-CV-1069-RDP-HGD. (2012)

Court: District Court, N.D. Alabama Number: infdco20120809902 Visitors: 9
Filed: Aug. 08, 2012
Latest Update: Aug. 08, 2012
Summary: ORDER R. DAVID PROCTOR, District Judge. On July 21, 2011, the Magistrate Judge entered a Report and Recommendation (Doc. # 10), recommending that habeas corpus relief be denied with respect to Petitioner's claims (3) through (13), and that the court conduct an evidentiary hearing pursuant to Rule 7 of the Rules Governing Habeas Corpus Cases under Section 2254 to determine the viability of Petitioner's claims (1), (2), and (14). Respondents filed objections on August 4, 2011, contending that
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ORDER

R. DAVID PROCTOR, District Judge.

On July 21, 2011, the Magistrate Judge entered a Report and Recommendation (Doc. # 10), recommending that habeas corpus relief be denied with respect to Petitioner's claims (3) through (13), and that the court conduct an evidentiary hearing pursuant to Rule 7 of the Rules Governing Habeas Corpus Cases under Section 2254 to determine the viability of Petitioner's claims (1), (2), and (14). Respondents filed objections on August 4, 2011, contending that habeas corpus relief should have been denied with respect to Petitioner's claims (1) and (2). (Doc. # 13). Petitioner has not filed any objections.

After careful consideration of the record in this case and the Magistrate Judge's Report and Recommendation (Doc. # 10), the court hereby ADOPTS the Report of the Magistrate Judge and ACCEPTS his Recommendations.

Accordingly, it is hereby ORDERED as follows:

1. Petitioner's request for habeas corpus relief based on Claims (3) through (13) is DENIED.

2. With respect to Petitioner's Claims (1), (2), and (14), the court will conduct an evidentiary hearing to determine the viability of Petitioner's argument that trial counsel failed to call Petitioner as a witness in his own defense despite Petitioner's stated desire to testify.

This case is REFERRED back to the Magistrate Judge to conduct a hearing in accordance with the Report and Recommendation.

The Clerk of the Court is DIRECTED to send a copy of this order to Petitioner.

Source:  Leagle

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